The process of determining how much child support should be paid can be complicated and drawn out. A misconception about the New Jersey child support payments process is that the child support payments are arbitrary and that the judge just throws out a number, and that there is not careful consideration of how child support is calculated.
However, a great deal of consideration goes into determining how much the non-custodial parent must pay in child support. A qualified family lawyer can advocate for individuals navigating this process and can fight to ensure a positive outcome for those involved.Length of Child Support Payment Determination Process
The length of the New Jersey child support payments process is a fact-specific issue, but it does depend on whether or not income is contested or other issues are contested and how much information needs to be entered into the guidelines. If the parties are above or below the recommended income for the guidelines, then that creates an issue for the court as well.
If the parties are above the guideline consideration, it means that the combined net income of both parties is more than $187,200 and the court has a discretion at that point to calculate the guidelines and then supplement that award with an amount based on the family income, but if the parties are below the guidelines, the which is you are making the net income of less than $220 per week for one party, so that is even making less than 40 hours at minimum wage, then the child support award is modified so that that person does not have to go through extreme struggle as well.When Would Someone Need to Disclose That They Are in the Legal Process of Determining Child Support Payments?
People are under no obligation to tell anybody what is going on with them in court if they are uncomfortable doing so. They are public records, however, if a case is not sealed, but the involved parties can request that the case to be sealed under certain circumstances, the judge will allow it.
For example, if someone is in the public spotlight, and in certain circumstances where there is a delicate issue with the family then a judge might consider sealing the case. But if a person has a child support order that they are required to pay through probation wage garnishment. If they are a W2 wage earner, so child support is going to be automatically deducted from their paycheck, they will have to notify the Human Resources Department of their job so that they can establish that.Court's Ability to Decrease Support Payable By the Estate of a Deceased Spouse
If the deceased spouse is the paying parent, then the court will look to whether or not that paying parent has any arrears, so any non-payments or any accumulated child support payment that has not been paid by the noncustodial parent.
The estate of that noncustodial parent will need to make those arrears current. They will need to make sure that the balance on the child support is zero, so they will have to make a payment towards that.Value of a New Jersey Family Law Attorney
A family law attorney is going to be able to help whether the person is the paying parent or the parent receiving the child support because family law attorneys will ensure that the information that they submit to the court is complete, that they are getting credit for every expenditure, and all of the information that can be input into the guidelines is inputted.
The family lawyer is going to negotiate on the person's behalf. They will make sure that the income representation of both parties is accurate and they know and are capable of navigating the court system and they know how to make the application to enforce previous orders or set a standard for the person's case. If an individual needs help navigating the New Jersey child support payments process, they should consult a skilled New Jersey child support lawyer.